IP Overview

Hong Kong has enjoyed a comprehensive system for the protection of intellectual property since the 1970s. All of its intellectual property

laws are based on relevant UK legislation as applied locally.

Patent

Hong Kong grants two types of patents for inventions that are novel, contain an inventive step and are industrially applicable. One is a

standard patent for a 20 year term. A standard patent is based on a grant by any one of 3 designated offices: the Chinese Patent Office

(SIPO), UK Patent Office or, where the UK is a designated country, the European Patent Office. The grant follows a two stage process: a

Request to Record the designated application, to be made within 6 months of publication in the designated patent office, followed by a

Request to Grant the Chinese, UK or EP (GB) granted patent, to be made within 6 months of grant in the designated patent office. Though

Hong Kong is a member of the PCT through China’s membership, PCT applications must be extended to Hong Kong within 6 months of

publication of the national phase application in the designated patent office.

The other kind is a short term patent for an eight-year term. An original filing is allowed. Applications contain only a single claim. The grant

is made promptly upon the filing of the requisite search report. Priority may be claimed from applications filed in any Paris Convention or

WTO member country.

Trademark

Hong Kong's trade mark registration system provides territorial protection. Hence, trade marks registered with the State Administration

for Industry and Commerce of the People’s Republic of China or trademarks registered in other countries or regions do not automatically

receive protection in Hong Kong. In order to obtain protection as registered trademarks in Hong Kong, trade marks must be registered

under the Trade Marks Ordinance and the Trade Marks Rules.

Copyright

The Hong Kong copyright law is derived from the UK s Copyright Act of 1956, which was extended to Hong Kong in 1973. There is also a

local Copyright Ordinance providing penalties against infringements. The Act protects the author or owner of works in many categories.

The work must be original and requires certain skills, labor and effort. A copyright will arise automatically if the author lives in Hong Kong

or if the work is first published there. Likewise, foreign authors are protected if they are resident in member countries of the Berne

Convention or Universal Copyright Convention.

Copyright is an automatic right. It arises when a work is created. Unlike other intellectual property rights such as patents, trademarks and

industrial designs, it is not necessary to register a copyright in Hong Kong, in order to get protection under the law.

Hong Kong is a creative place. The film production, television production, sound recording production, publications, fashion, jewellery and

graphic designs are known worldwide and enjoy a ready market overseas. Hong Kong is also an international trading centre. Thus Hong

Kong needs to provide the necessary intellectual property rights protection, including copyrights, to investors to assure them of a free and

fair environment in which to do business.

Hong Kong's new Copyright Ordinance came into effect on 27 June 1997. It provides comprehensive protection for recognised categories

of literary, dramatic, musical and artistic works, as well as for films, television broadcasts and cable diffusion, and works made available to

the public on the Internet. In relation to performances, persons who have exclusive recording contracts with performers are also entitled to

protection. There are no formalities required to obtain copyright protection for a work in Hong Kong. Works of authors from any place in

the world, or works first published anywhere in the world, also qualify for copyright protection in Hong Kong. The author of a work is the first

owner of any copyright in it. Thus, the writer of a book is the first right owner. For employee works, the employer is the first copyright owner

unless an alternative agreement has been made. In other words, the employer has the right to all works produced by his or her employees.

A copyright generally lasts for the author's lifetime plus 50 years. However, there are minor variations to this depending on the type of

work.